Reclaiming Congressional Trade Authority Act of 2019
This bill requires the President, when modifying duty rates for national security reasons, to obtain congressional approval through a joint resolution for these modifications. The bill also gives Congress the authority to disapprove through a joint resolution certain duties or other import restrictions imposed by the U.S. Trade Representative.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3477 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3477
To limit the authority of the President to modify duty rates for
national security reasons and to limit the authority of the United
States Trade Representative to impose certain duties or import
restrictions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2019
Mrs. Murphy (for herself, Mr. Cooper, and Mr. Cunningham) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To limit the authority of the President to modify duty rates for
national security reasons and to limit the authority of the United
States Trade Representative to impose certain duties or import
restrictions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclaiming Congressional Trade
Authority Act of 2019''.
SEC. 2. LIMITATION ON AUTHORITY OF PRESIDENT TO MODIFY DUTY RATES FOR
NATIONAL SECURITY REASONS.
(a) Authority To Modify Duty Rates for National Security Reasons.--
Notwithstanding any other provision of law and except as provided in
subsection (c), the President may proclaim a new or additional national
security duty on an article imported into the United States only if--
(1) the President, not later than 30 calendar days after
making the national security determination that is the basis
for the new or additional duty, submits to the International
Trade Commission the duty proposal, including--
(A) a description of each article for which the
President recommends a new or additional duty;
(B) the proposed new or additional duty rate; and
(C) the proposed duration of that rate;
(2) the President, not later than 15 calendar days after
submitting the duty proposal under paragraph (1), submits to
Congress a request for authorization to modify duty rates in
accordance with that duty proposal, including--
(A) a report by the Secretary of Defense explaining
why the proposal is in the interest of national
security; and
(B) a report by the International Trade Commission
assessing the likely impact of the proposal on the
economy of the United States as a whole and specific
industry sectors;
(3) the President consults with the Committee on Finance
and the Committee on Armed Services of the Senate and the
Committee on Ways and Means and the Committee on Armed Services
of the House of Representatives regarding the duty proposal
under paragraph (1), including--
(A) the short-term and long-term goals of the
proposal;
(B) an action plan to achieve those goals; and
(C) plans to consult with officials of countries
impacted by the proposal to resolve any issues relating
to the proposal; and
(4) a joint resolution of approval under subsection (b) is
enacted.
(b) Joint Resolution of Approval.--
(1) Joint resolution of approval defined.--In this
subsection, the term ``joint resolution of approval'' means a
joint resolution the sole matter after the resolving clause of
which is as follows: ``That Congress authorizes the President
to proclaim duty rates as set forth in the request of the
President on ___________'', with the blank space being filled
with the date of the request submitted under subsection (a)(2).
(2) Introduction.--A joint resolution of approval may be
introduced in either House of Congress by any Member during the
15-legislative day period beginning on the date on which the
President submits to Congress the material set forth in
subsection (a)(2).
(3) Expedited procedures.--The provisions of subsections
(b) through (f) of section 152 of the Trade Act of 1974 (19
U.S.C. 2192) apply to a joint resolution of approval to the
same extent that such subsections apply to joint resolutions
under such section 152.
(4) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of a joint resolution of approval, and supersedes
other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(c) Exception for Urgent Action.--Notwithstanding the requirements
of subsection (a), the President may proclaim a new or additional
national security duty for one period of 120 calendar days if the
President determines that urgent action is necessary--
(1) to address a national emergency;
(2) for the prevention or mitigation of, or to respond to,
loss of life or property;
(3) to address an imminent threat to health or safety;
(4) for the enforcement of criminal laws; or
(5) for national security.
(d) National Security Duty Defined.--In this section, the term
``national security duty'' means the following:
(1) A duty proclaimed pursuant to--
(A) section 232 of the Trade Expansion Act of 1962
(19 U.S.C. 1862);
(B) the Trading with the Enemy Act (50 U.S.C. 4301
et seq.); or
(C) the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(2) A duty proclaimed pursuant to any other provision of
law if in reports or other public statements regarding the duty
the President or another cabinet-level official identifies
national security as a significant reason for proclaiming the
duty.
SEC. 3. CONDITIONS ON USE OF AUTHORITY BY UNITED STATES TRADE
REPRESENTATIVE TO IMPOSE DUTIES OR OTHER IMPORT
RESTRICTIONS.
(a) In General.--Section 301(c) of the Trade Act of 1974 (19 U.S.C.
2411(c)) is amended by adding at the end the following:
``(7)(A) The Trade Representative may take action pursuant
to paragraph (1)(B) only if--
``(i) the Trade Representative submits to the
International Trade Commission a proposal for duties or
other import restrictions under that paragraph,
including--
``(I) a description of each article covered
by that proposal;
``(II) the proposed new or additional duty
rate; and
``(III) the proposed duration of that rate;
``(ii) the Trade Representative submits to Congress
a notification of intent to impose duties or import
restrictions under that paragraph, including--
``(I) the proposal submitted under clause
(i); and
``(II) a report by the International Trade
Commission assessing the likely impact of the
proposal on the economy of the United States as
a whole and specific industry sectors;
``(iii) after submitting the notification under
clause (ii), the Trade Representative consults with the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives and, if
the proposal affects agricultural products, the
Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Agriculture of the
House of Representatives;
``(iv) a period of 60 calendar days, beginning on
the date on which the Trade Representative has
completed consultations under clause (iii), has passed;
and
``(v) no disapproval resolution under subparagraph
(B) is passed during the period described in clause
(iv).
``(B)(i) In this subparagraph, the term `disapproval
resolution' means a joint resolution the sole matter after the
resolving clause of which is as follows: `That implementation
of the proposal by the Trade Representative to impose duties or
other import restrictions submitted to Congress on
________________ is not in the interest of the United States.',
with the blank space being filled with the date on which the
Trade Representative submitted to Congress the material
described in subsection (A)(ii).
``(ii) Paragraph (2) of section 106(b) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(19 U.S.C. 4205(b)) applies to a disapproval resolution under
this subparagraph to the same extent that such paragraph
applies to a procedural disapproval resolution under such
section 106(b).''.
(b) Conforming Amendment.--Paragraph (1)(B) of such section is
amended by inserting ``subject to paragraph (7),'' before ``impose
duties''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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